Question

Write two pages analyzing the followings constitutionallity:

Ohio passes a statute requiring that any woman seeking an abortion must have a pre-abortion appointment with a counselor that provides detailed information about adoption and wait at least 5 days after her initial appointment before having an abortion procedure. Analyze the statute's constitutionality under Planned Parenthood v. Casey

Answer 1

Pregnancy is the period of conception that starts from the period where the ovum fertilize with the sperm till the term or 38 weeks after fertilization,

Induced abortion is the procedure where the deliberate termination of a human pregnancy,before the period of viability that means medically terminate the pregnancy during the the first 28 weeks.

Parenthood is the state of being a parent and the responsibilities of childcare and child-rearing involved.

Planned parenthood is an organization that provides reproductive health care services.The services includes promotion of accessible means of voluntary fertility control,operationof clinics,conduction of educational programs,conduction of research and dissemination of information to public

The induced abortion can be made only in some specific reasons :

*To save the life or physical and mental wellbeing of the mother

*If the pregnancy as resulted from rape or incest

*To prevent the birth of a child with serious deformity,mental deficiency,or genetic abnormality

*To prevent a birth for social or economic reasons (poverty and low socio-economic status)

Planned parenthood v.Casey is a legal case,decided by the U.S supreme court in 1992.,that redefined several provisions regarding abortion rights as established in Roe v. Wade in 1973.The U.S supreme courts Planned Parenthood v. Casey decision generally upholding the controversial 1973 Roe v. Wade decision.

Casey concerns the constitutionality of the 1982 Pennsylvania Abortion Act (as amended in 1988 and 1989) that regulates and places and restrictions on the provision of abortions within the state.

Roe v. Wade located the fundamental right to privacy that includes the abortion decision.The five components of Pennsylvania law are:

*a requirement that womwn seeking abortions provide their informed consent prior to the procedure and that doctors inform women of the potential detriments of health arising from abortion procedures

*If the women is minor obtain the informed consent from their parents/guardians inorder to receive an abortion

*The married woman sign a statement certifying that their husbands have been notified

*An imposed 24 hour holding rule subsequent to the fulfillment of the foregoing requirements before an abortion been carried out

*The abortion clinics and hospitals keeps records of abortion procedures

The Casey concerns much more than the constitutionaliity of the statute,in the court's notes.The supreme court affirmed the basic principles of Roe v.wade that woman have right to obtain an abortion prior to fetal viability or in its early stages of pregnancy.But the Joint Holding rejects Roe's trimester system,but considers the system to not be central to the precedent set by Roe.

In the end, Casey by applying most of the logic in the Roe,the Court's Joint Ruling upholds all of the provisions of the Pennsylvania statute except for its requirement that married woman inform their husbands of the intent to receive an abortion.The holding reason that because many women find themselves in abusive marriages,they may have very good reasons for not wishing to inform their husbands of their decision to obtain an abortion.Therefore there is a substancial obstacle to woman's choices to undergo an abortion.It is an undue burden,therefore invalid.

The ruling on the costitutionality of Pensylvannia law is largely justified by the Joint Holding's application of the precedent set by Roe.